AG 20-582 - A.K. Custom Fence and Deck, LLCCITY OF FEDERAL WAY LAW P'
0RIGINATING STAFF PERSON: _Itm JOHNSO EXT: _'2412- 3. DATE REQ. BY.'_ASAP_
TYPE OF r • a
■ • •. •• SELECTIO
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT ANT (AG#): ❑ INTERLOCAL
X ® R C S ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
NAME OF CONTRACTOR: A.K. CUSTOM FENCE AND DECD, LLC
ADDRESS: 1338 SW DASH POINT RD, FEDERAL WAY WA 98023-4529 T ELEPO : (253) 250-9882
E-MAIL: INFO@AKCUSTOFENCEANDDECK. COM
SIGNAT E: ANGELA WINSTON TITLE: SEE ATTACHED
EXHIBITS AND ■ SCOPE, O. OR ■ COMPENSATION ■ INSUR-ANCE REQUIREMENTS/CERTIFICATFEl ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS
COMMENCEMENT r. D AGREEMENT COMPLETIONDATE:
TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 ($2,000.00)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES X NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: TAINAGEAMOUNT: _... ... _m m _ ❑RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND
ROVIDED
❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-°10-490 Project Code #267662-25060
0. DOCUMENT/CONTRACT TI / DATE REVIEWED INITIAL J DATE APPROVED
❑ PROJECT MANAGER
GZ,P,IRECTOR A 0
❑ RISKMANAGEMENT (IF APPLICABLE) m� e pA mm ee e mm
❑ LAW
1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
❑ SENT TO VENDOR/CONTRACTOR DATE SE DATE C'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/ DATE SIGNED
❑ LAW DEPARTMENT A
GNATO Y (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG# AG# l TMr
',OMMENTS;
k."
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and A.K. Custom Fence and Deck, LLC, a limited liability company ("Grantee"). The City
and Grantee (together "Parties") are located and do business at the below addresses which shall be valid for any
notice required under this Agreement:
A.K. CUSTOM FENCE AND DECK, LLC: CITY OF FEDERAL WAY:
ANGELA WINSTON Ade Ariwoola
1338 SW Dash Point Rd 33325 8th Ave. S.
FEDERAL WAY, WA 98023-4529 Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 250-9882 (telephone) (253) 835-2509 (facsimile)
info(a),akcustomfence anddeck.com ade.ariwoola(a-),cityoffederalway.com
1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described herein.
2.1 Warranties. The Grantee warrants the following, which are pre -requisites for grant eligibility:
a) Grantee operates a business physically located within the political boundaries of the City
of Federal Way;
b) Grantee maintains a current City of Federal Way business license;
c) Grantee has paid all taxes and government fees due up tote date of execution oft 's grant
agreement;
d) Grantee's business employs no more than the equivalent of ten (10) full-time employees
(20,800 man-hours total for all employees per year);
e) Grantee's net revenues do not exceed more than $1.5 million per year;
f) Grantee does not operate as a tax-exempt business as defiried by the Internal Revenue
Service;
g) Due to COVID- 19, Grantee business (check all that apply):
Was required by state or local order to close
Was forced to lay off employees due to reduced patronage
Incurred over $1,000 in COVID-19 related expenses
Experienced 10-50% lost revenue
Experienced over 50% lost revenue
2.2 Use of Funds: Grantee affirms that grant fimds will be used for the following purposes:
a) Mortgage or Rent
b) Personal Protection Equipment
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Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee
upon request.
3. NATION. Should any of the conditions described in section 2. 1, above, not be met, the City may
cecover all disbursed grant funds and terminate this agreement.
4. GRANT AMOUNT.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed Two Thousand and NO/I 00 Dollars ($2,000.00).
IIF-0053feril oil 11
5.1 Grantee Inde fication. The Grantee agrees to release indemnify, defend, and hold the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from
?ny and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
,?.wards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or
litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the
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a court ot competent Jurisdiction aetermine Mat MIS Agreement is su6ject to T 4.24.11 then, in The event or -
liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall be only to the extent
of the Grantee's negligence. Grantee shall ensure that each sub -Grantee shall agree to defend and indemnify the
City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the
extent and on the same terms and conditions as the Grantee pursuant to this paragraph. The City's inspection or
acceptance of any of Grantee's work when completed shall not be grounds to avoid any of these covenants of
indemnification.
5.2 Industrial Insuranc ,,-Act Waiver. It is specifically and expressly understood that the Grantee
waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW,
solely for the purposes of this indemnification. Grantee's indemnification shall not be limited in any way by any
limitation on the amount of damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge
that they have mutually negotiated this waiver.
5.3 City Ifiderm"catiop. The City agrees to release, indemnify, defend and hold the Grantee, its
CARES ACT BUSINESS GRANT AGREEMENT -2-
7/2020
CITY OF
W.I. Federal Way
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WWI I M 1 6 0
011111a W I 1 01 g N!
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www, cityoffedei alivay corn
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
6.1 ModificAti . This Agreement contains all of the agreements of the Parties
with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements,
whether oral or written, shall be effective for any purpose. Any provision of this Agreement that is declared
invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and
such other provisions shall remain in full force and effect. No provision of this Agreement, including this
provision, may be amended, waived, or modified except by written agreement signed by duly authorized
representatives of the Parties.
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notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice
so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any
remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be
cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to
insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to
exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver
or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and
f the City to declare any breach or default'immediately "y, n occurrence shall not waive
IMWIA-11rig.41
right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in
accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference
or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall
be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County,
Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court
does not have �urisdiction over such a suit. then suit ma3i be filed in ang other Waxo(iriate court in Kinay_4 Comip-
Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County,
Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any
claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and
expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other
recovery or award provided by law; provided, however nothing in this paragraph shall be construed to limit the
Parties' rights to indemnification under Section 5 of this Agreement.,
6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee
represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This
Aireement mav be executed in anv number of counte arts, each of which shall be deemed an onimal and with
CARES ACT BUSINESS GRANT AGREEMENT -3-
7/2020
CITY OF
P�derat
Ur
CrTY HALL
33333 Lith Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
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together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce
one f ►• signature ! • acknowledgment ilir from i " i! be assembled
together to form . single instrumentcomprised of all pagesof Agreement and ! complete set of
signature and acknowledgment pages. The date upon which the last of of Parties! - executed
!
counterpart of Agreement shabe the "date of • execution" hereof.
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
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Printed Name:
Title mCO e
DATE: M'ILD 0
Services Business Lookup A.K. CUSTOM FENCE AND DECK, LLC
License Information:
Entity name:
A.K. CUSTOM FENCE AND DECK, LLC
Business name:
A.K. CUSTOM FENCE AND DECK, LLC
Entity type:
Limited Liability Company
UI #:
603-310-349
Business ID:
001
Location ID:
0001
Location:
Active
Location address:
1338 SW DASH POINT RD
FEDERAL WAY WA 98023-4529
Mailing address:
1338 SW DASH POINT RD
FEDERAL WAY WA 98023-4529
Excise tax and reseller permit status: Click here
Secretary of State status:
Click here
Endorsements
Endorsements held at this location License # Count
Federal Way Home Occupation 16 -103316 -00 -BL
Business
New search Back to results
Details Status Expiration date
Active Jun -30-2021
Governing People May include governing people not registered with Secretary of State
Governing people Title
WINSTON, ANGELA
WINSTON, KEVIN
0 0 . -a 1 9 a IT-11YXIMLA
Working together to fund Washington's future